Consumer Protection Act, 1986, Section 3,2(1),(g) -- Additional remedy - Consumer - Gratuity - Non payment of - Complainant fall within the definition of the consumer - In view of Section 3 of the CP Act, 1986 the Consumer Fora will have jurisdiction to entertain such a case...........
Consumer Protection Act, 1986, Section 11(2),(a) -- Territorial jurisdiction - Gratuity - Non payment of by Bank - Headquarter of petitioner-Bank at Hubli - They are also having a branch office in Bagalkot - Written submission before the District Forum were filed by the Manager of the petitioner-Bank located at Bagalkot - In view of Section 11(2) (a) of the CP Act, 1986..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Regularization of services - Failure to implement the order of Government by OP Nos. 1 and 2 Government Officials - Complainant has not hired or availed the service of Government Officials - The complainant is not a consumer as defined under Section 2(1)(d) of the Act...........
Consumer Protection Act, 1986, Section 2(1),(g), Banking Regulation Act, 1949, Section 35A -- Banking service - What should be the time limit for the period during which operation of the direction issued under Section 35-A of the Act of 1949 should remain in force? Whether it can remain in force for years together or for a reasonable period? - Held that when no time limit..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption under Section 113-B of Evidence Act operate if prosecution is able to establish circumstances set out in S.304-B of IPC...........
Insurance Act, 1938, Section 45 -- Three conditions for application of Second Part of Section 45 of the Insurance Act enumerated...........
Consumer Protection Act, 1986, Section 27,25 -- The penal provision in Section 27 of the Act can be applied to the Directors of the Companies notwithstanding the absence of a specific provision for action against those incharge of or in control of the affairs of the Company - This will equally apply as regards applicability of the provision in Section 25 of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 73 -- Housing - Flat - Agreement to sell - Delay in handing over possession - Refund - Clause 2(f) of agreement clear that if the appellant fails to make payment within a period of three months of the demand being raised by the first party the latter shall be entitled to terminate the agreement..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Common object - Once a membership of an unlawful assembly is established, it is not incumbent on the prosecution to establish any specific overt-act to any of the accused for fastening of liability with the aid of section 149 of the IPC - Commission of overt-act by each member of the unlawful assembly is not..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC, it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
